What happens if I lose my appeal?
If you lose your appeal in Delaware, this means the court affirmed the lower court’s decision in your case. This means the appellate court did not overturn the lower court’s decision. As a result, you will have to obey the court order from the lower court. This means that if you were ordered to pay a fine or do something else, you must still do what the lower court said. Your next option is to ask the same appellate court for a rehearing. This is when the same court takes another look at your case and decides again. The rehearing can be a full hearing with witnesses and evidence like the first time or just papers from both sides. This decision to grant a rehearing is rare and the court will look at the facts of your case to decide if they should rehear it. If you are still not satisfied, you have the option to bring the case to the Supreme Court of Delaware. This is the highest court in the state and can review appeals from both the lower court and the appellate court. However, the Supreme Court also has the power to decide not to hear your case and you would have to obey the lower court’s ruling. In summary, if you lose your appeal in Delaware, you must obey the lower court’s ruling, you can ask the same court for a rehearing, or you can ask the Supreme Court to review the case.
Related FAQs
What is the difference between a civil and criminal appeal?What is the process for filing a motion for reconsideration of an appellate court’s decision?
What is the standard of review for a motion for a new trial?
What is the process for seeking an en banc hearing on an appeal?
How do I access the appellate court records?
What kind of relief can be sought from an appellate court?
What issues can be raised on appeal?
What is the standard of review for an appeal from a final judgment?
What is the appellate court’s scope of review for a trial court’s decision to grant or deny a motion to suppress evidence?
How do I request a change of venue in an appeal?
Related Blog Posts
Important Tips for Effective Appellate Law Representation - July 31, 2023Inside the Appellate Courtroom: A Guide to Appellate Law Litigation - August 7, 2023
An Overview of Appellate Court Proceedings - August 14, 2023
Challenges of Appellate Law for Attorneys - August 21, 2023
Key Points Every Lawyer Needs to Know About Appellate Law - August 28, 2023